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The Research Of Personal Relationship Agreement

Posted on:2012-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:C LanFull Text:PDF
Abstract/Summary:PDF Full Text Request
The second provision of the Chinese Contract Law provides that"this law of contract is for equal subjects of natural persons, legal persons and other organizations to establish, change or terminate civil rights and obligations of the agreement. Agreement concerning marriage, adoption, guardianship and status, applies other laws."The object of this article - personal relationship agreement comes from this provision. Though the Contract Law proposes the concept of personal relationship agreement, it doesn't explain the specific content of it. This causes not only many disputes in Law Schools, but also lack of standard in judicial practice. On the other hand, the disputes of personal relationship agreement increase sharply in real life. So researching the related legal issues of personal relationship agreement will be helpful to dissolve those disputes and maintain social stability .Five parts will be discussed in the thesis. In the first part, I definite the conception of the personal relationship of agreement, and introduce the significance and methods of research of the thesis.In the second part, I introduce the different opinions of the second paragraph of the second provision of Contract Law in the academic community. And I propose my own view about that provision.In the third part, I differentiate the personal relationship agreement to many types, and analyze the force of law of every type.In the fourth part, I discuss the application of law of the personal relationship agreement, and hope it will be helpful to deal with the issue of the personal relationship agreement in judicial practice.In the fifth part, I elaborate the substance of the dispute of personal relationship agreement, which is the tension between the principle of public order and good custom and freedom of contract. I hope it will be helpful to perfect the legislation and the resolution of dispute of personal relationship agreement.
Keywords/Search Tags:Identity relations, Personal relationship agreement, The principle of public order and good custom, Freedom of contract
PDF Full Text Request
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